ORIENTAL INSURANCE COMPANY LTD Vs. SAROJ GUPTA

JUDGEMENT

(1.) The present appeal arises from the judgment in Misc. Appeal No. 242 of 1993 affirming the order dated 15.3.1993 in Claim Case No. 67 of 1988 passed by the Additional Motor Accidents Claims Tribunal, Muzaffarpur. The appellant alone has been held liable by both the courts to pay the entire quantum of compensation to respondent No. 1 on the premise that the nature of the insurance policy taken by respondent No. 2 upon the appellant was "comprehensive" in nature. The liability to third parties was unlimited over and above the insurance coverage to the vehicle and to the owner of the vehicle.

(2.) On 16.7.1988 an accident took place in Village Madhaul, in the district of Muzaffarpur. One Alok Kumar Gupta was driving a motorcycle with a pillion ridder. The 'motorcycle was hit by a jeep being driven by respondent No. 2, who was also its owner. The deceased Alok Kumar Gupta was treated at Muzaffarpur and subsequently at Patna. Unfortunately he did not survive.

(3.) The deceased was unmarried. His mother, respondent No. 1, then instituted Claim Case No. 67 of 1988 before the Additional Motor Accidents Claims Tribunal, Muzaffarpur. Both the owner of the vehicle, respondent No. 2, and the appellant, the insurer of the vehicle, appeared and filed their written statements. The owner of the vehicle, respondent No. 2, inter alia contended that on the date of the accident the vehicle in question stood insured with the appellant company under the comprehensive scheme and therefore respondent No. 2 stood fully indemnified by the insurer against any payment to be made by reason of the claim. The appellant, inter alia, took the specific stand that it was not liable for the claim of the appellant except to the extent of the amount mentioned in the cover note of the insurance policy with regard to the vehicle in question.